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| Vol. XX No. 99 |
December 6, 2000 |
Virac, Catanduanes |
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The Catanduanes Tribune Rawis, Virac Catanduanes, Philippines - 5001 Tel. No.: (052) 811-1267 or 811-2640 Fax No.: (052) 811-1267 E-mail:
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Publisher-Editor Edwin A. Gianan |
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Advertising- Circulation Manager Simeon G. Cueno |
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Web Master: Calgary, Canada |
Major Developments
Isuela
files case to annul suspension
Beleaguered Liga ng mga Barangay provincial president and PBM Magin P. Isuela last week asked the Regional Trial Court to nullify a decision of the Liga Board suspending him for eight months.
In Special Civil Action No. 1955 for Certiorari, Prohibition with Prayer for Preliminary Injunction, and/or Temporary Restraining Order and Damages, Isuela, thru counsel, asked the Court to annul and set aside the decision issued by respondents Arsenio Romero, Francisco Sollegue, Odelon Pascua, Epifania Montarde, Manuel Almonte, Amador Fernandez, Chito Chi and Jose Bonto dated November 22, 2000.
Isuela also asked the Court to prohibit the respondents from enforcing and executing the decision suspending him from office in connection with Administrative Case 2000-01 filed by Manuel Araojo.
Araojo filed the complaint against Isuela in his capacity as municipal Liga president of Caramoran for removal from office for alleged unlawful use of ambulance of the Liga for personal and family purposes. Isuela, however, denied the allegations, saying the complaint was politically motivated.
On Aug. 17, the petitioner filed Special Civil Action No. 1939 seeking to prohibit the Liga Board from hearing the complaint for prejudging the case and for illegal composition of the Board. During the pendency of the court case, Romero as executive VP issued a letter preventively suspending Isuela as provincial Liga president for 60 days on Sept. 21.
Isuela said that the vice president of the Liga has no authority to issue a preventive suspension and that it is only the National Executive Board which has the power to suspend an officer or member of the provincial Liga chapter.
The Liga president also filed a letter-complaint with the Ombudsman against his fellow Liga board members for usurpation of authority.
The RTC petition also noted that Atty. Arnel Sarmiento, who is the counsel of record for Manuel Araojo, is now appearing as counsel for the respondent members of the Liga Board before the National Executive Board in a related case.
It said the Board denied Isuela due process by proceeding with the hearing of the complaint without giving him the chance to secure the services of a new counsel after his attorney's withdrawal.
It also stated that the arbitrary and unwarranted acts of the respondents in imposing the eight-month suspension constitutes grave abuse of discretion amounting to lack or excess of jurisdiction.
It likewise asked the Court to order the respondents to pay Isuela the amount of P50,000 as attorney's fees plus P1,000 per court appearance as well as P500,000 in moral damages.
